Terms & Conditions
Please read the following provisions, terms and conditions carefully as every transaction or agreement You conclude with us will be subject to these provisions, terms and conditions. Please take special note of all of the following provisions, terms and conditions that have been bolded (“the Bolded Terms”).
By signing any quotation of Ours or otherwise concluding any agreement or transaction with Us, You confirm and undertake that You have properly examined any Products purchased and that pursuant to such examination you have determined that such Products are of a type and quality that comply with Your needs and requirements.
Further please do not conclude any agreement or transaction if:
• You do not agree with or understand the meaning of any of these provisions, terms and conditions;
• any of these provisions, terms and conditions are untrue;
• You have not been given enough time to read and comprehend the meaning of the Bolded Term(s) or any other any of these provisions, terms and conditions.
• You have not had an opportunity to properly examine any Products you intend to purchase prior to taking delivery.
• “CPA” means the Consumer Protection Act 68 of 2008;
• “Products” means all goods and/or services, as required by the context, sold and/or supplied by Us;
• “Returns” means any return of any Product whether it be for an exchange or a refund, and irrespective of the reason for the return;
• “We/Us/Our” means Out There Customs Proprietary Limited and its respective directors, employees, representatives and/or agents;
• “You/Your” means you as a person or any company, close corporation, trust, partnership or other entity whether or not having separate legal personality should you be signing this document not in your personal capacity but rather in your capacity as a representative.
1 You will be liable (responsible to pay for) for and hereby indemnify (undertakes to be responsible for) Us against all loss, liability, damage or expense of whatever nature which We, other consumers or any third party may suffer as a result of, or which may be attributable to, the failure by You to perform any of Your obligations towards Us.
2 Subject to the CPA, You hereby indemnify (excluding instances of gross negligence, willful default or fraud) Us and hold Us harmless against any loss, damages, fines, taxes or other fiscal charges, penalties and claims howsoever arising from or connected with our engine builds and the Products, their installation, removal or the use or possession thereof, whether or not such claims arise out of an act or omission on our part or yourself or any third party.
3 You acknowledge that due to the nature of Our business and the Products that we sell/provide (racing equipment), that there is a real risk of damage/harm to the Products, You or any Third Party which may arise even from normal and ordinary use of the Products.
4 You use any Products entirely at your own risk. Subject to the CPA, we do not accept any liability whatsoever for any loss incurred by You or any third party arising from Yours or any third party’s use of the Products, including without limitation any loss arising out of damage to property, bodily injury or loss of life and you hereby indemnify and hold us harmless in respect of such losses.
REPRESENTATIONS AND WARRANTIES
5 We do not give You any warranties, guarantees and/or representations pertaining to the Products, other than those required by the CPA, which includes that the Products:
5.1 are reasonably suitable for the purposes for which they are generally intended, unless specifically stated otherwise by Us;
5.2 are of good quality, in good working order and free from any defects, unless specifically stated otherwise by Us;
5.3 will be use-able and durable for a reasonable period of time, having regard to the use to which they would normally be put and to all the surrounding circumstances of their reply;
5.4 comply with any applicable standards set under the Standards Act No.29 of 1993 or any other public regulation.
6 The warranties stipulated in clauses 5.1 to 5.4 shall, in respect of any Products sold by Us, apply for a period of no longer than 6 (six) months from delivery and, in respect of any repairs conducted by Us, for a period of no longer than 3 (three) months.
7 You hereby declare that You have not specifically informed Us of any particular purpose for which You wish to buy/acquire/use the Products.
8 Subject to the CPA, We do not accept any responsibility whatsoever for the correctness of instructions which appear on any Products not manufactured by Us.
9 We will remain the owner of any and all Products until such time as the entire purchase price thereof, including all applicable delivery, interest and recovery costs have been paid by You in full. The purchase price which You have to pay for the Products is contained in the applicable invoice.
10 . This will include the cost of delivery unless specifically stated otherwise.
11 All Products are presumed to have been delivered to You (even if You have not taken possession of the Products) immediately after an invoice for the purchase of the Products has been issued to You, alternatively in accordance with the provisions in clauses 9 and 13, whichever occurs first in time.
12 Subject to clause 11 above and to the CPA, delivery of any Product for which installation by Us is not requested prior to You taking possession of the Products, shall occur at the moment when You take possession of the Products.
13 Subject to clause 11 above, should You require any Products to be installed by Us, such installation shall take place on Our premises and delivery of any Products to be installed shall be deemed to have occurred once the installation process has commenced.
14 Subject to the CPA, We do not assume or accept any risk in any of Your property which you hand over to us in order to use, handle, customize, install and/or transport and You do so entirely at Your own risk. Although all reasonable care will be taken with Your property, We shall not be liable for any loss or damages suffered by the You due to theft, damage, fire or any other cause, except in 2 a case of gross negligence or willful misconduct on Our part. We shall furthermore not be liable for any damage and/or loss arising from use and/or handling of Your property by any third party.
15 We will be entitled to remain in possession of Your property until We have received full payment from You, provided that by allowing You to inspect or test the property/Product shall not constitute the handing over to You of possession.
RISK AND BENEFIT
16 Once delivery has occurred as detailed above all risk and benefit in and to any Products will pass to You meaning that should the Products be damaged in any way after delivery has taken place (as detailed above) We will not be responsible to compensate You in any way unless as a result of Our gross negligence or willful misconduct.
17 You are responsible to verify the quantity and price of each Product described in an invoice and to ensure that all of the Products purchased have been received. Please ensure that You have been given enough time to:
17.1 inspect the Products and ensure that the characteristics of the Products materially correspond with the sample and description previously provided to You (if applicable);
17.2 the goods reasonably conform to the material specifications of Your requirements;
17.3 ensure that the quantity and price of each item described in the invoice corresponds with the Products delivered and is correct in all respects.
18 Signature by You or any employee, agent or representative of You on the invoice provided shall be prima facie evidence of proper delivery of the Products to You.
PRICES AND PAYMENT
19 We are not bound to displayed prices that contain inadvertent and obvious errors. If We become aware of the error on a displayed price, We will correct it and inform You of the correct price. Furthermore, We are not bound to displayed prices that have been altered, defaced, covered, removed or obscured by anyone without Our authority.
20 Should You disagree with the details described in any invoice and the Products delivered to You, please notify Us by submitting the complaint to Us within 10 (ten) days of receipt of the invoice. After the aforementioned 10 (ten) days all invoices will be considered to be correct.
21 The invoiced amount applicable to any Products shall become due and payable upon signature by You of the relevant invoice.
22 Should You fail to make payment, or any portion thereof, timeously and in full, We shall be entitled to withdraw or reverse any agreed discount or rebate, alternatively to set off the amount owing by You against any rebate, credit, allowance or payment (if any) due to You by Us.
23 Should You fail to make payment, or any portion thereof, timeously and in full the whole amount then owing by You to Us shall immediately become due and payable.
24 We shall not be responsible for failure to deliver Products when prevented from doing so by strikes, floods, fires, power shortages (including but not limited to instances of load shedding), riots, directives and delays in the receiving of any documents from any Government body, civil disturbances, result of the supplier's late delivery or any other causes beyond Our control. In such circumstances, We shall be entitled to terminate any order You may have placed, and You shall have no claim of against Us.
25 You agree that all overdue amounts shall bear compounded interest at the maximum rate prescribed from time to time under the National Credit Act No. 34 of 2005.
26 In the event that You have any sale agreement, credit terms or any other terms and conditions governing Your business transaction/s with Us pertaining to the goods (the “Principal Agreement”) these terms and conditions read together with the terms and conditions of the Principal Agreement shall form the entire agreement between Us and You. In the instance of conflict between these terms and conditions and the Principal Agreement, the provisions of the Principal Agreement shall prevail.
RETURNS AND REFUNDS
27 We shall not be obliged to accept the return of nor to refund You for any Products sold by Us other than as required by law.
27.1 We have a strict 1 month return policy, upon which we will inspect the return and advise an appropriate refund, including a 30% handling fee as standard.
28 In the event that We have agreed or are otherwise required by law to accept a return of any Products, then subject to the CPA, all Products shall be returned at Our premises at Your risk and expense and where any removal of Products which have been installed by us is required such removal shall be performed by Us at Our premises, failing which We shall be entitled to refuse to accept any returns and furthermore to refuse to refund You for any amounts paid to Us.
29 Should the You allege any of the Products to be defective in any manner, You shall give Us a reasonable opportunity to inspect same. In the event that We have agreed or are otherwise required by law to refund You for any return of Products, We shall be entitled to deduct from such refund any amounts allowed by law to be deducted, including any reasonable amount as contemplated in section 20(6) of the CPA.
30 We shall not be obliged to accept return of nor to refund You for any Products sold by us as a special order.
31 Special orders are item/s which You have requested that do not fall within Our registered product range.
TECHNICAL ADVICE/SPECIFIC PURPOSE
32 Subject to the CPA, in the event that We give You any specific technical advice or information relating to the condition, installation, handling and/or use of any Products, any Services performed pursuant thereto and any Products provided by Us are provided at Your sole and absolute risk. We do not accept any liability whatsoever for any loss suffered by You or any third party arising from Your failure to follow our technical advice and/or your acceptance of any Products which were offered to You for a specific purpose and/or in a specific condition.
33 You hereby warrant that You are duly authorized to sign any document contemplated or required in terms of this document for the purchase of the Products. Should any signatory not have the authorization, such signatory undertakes to personally pay all amounts due to Us and to comply with all other obligations in terms of this document.
34 Each provision in this document is severable from all others, notwithstanding the manner in which they may be linked together or grouped grammatically, and if in terms of any judgement or order, any provision, phrase, sentence, paragraph or clause is found to be defective or unenforceable for any reason, the remaining provisions, phrases, sentences, paragraphs and clauses shall nevertheless continue to be of full force. In particular, and without limiting the generality of the aforegoing, You acknowledge Your intention to continue to be bound by the remaining provisions of this document notwithstanding that any provision may be found to be unenforceable or void or voidable, in which event the unenforceable or void or voidable provision concerned shall be severed from the other provisions, each of which shall continue to be of full force and effect.
35 You hereby state that You have not purchased the goods as a result of any contact made either in person or by mail or electronic communication by Us for the direct or indirect purpose of promoting or offering to supply any goods or services.